BIRTHS, DEATHS AND MARRIAGES

An Act to provide for the voluntary registration of certain births and deaths, for the establishment of General Registry Offices for keeping registers of certain births, deaths and marriages, And for certain other purposes

Whereas it is expedient to provide for the voluntary registration of births and deaths among certain classes of persons, for the more effectual registration of those births and deaths and of the marriages registered under Act III of 1872,2 or the Indian Christian Marriage Act, 1872 (15 of 1872), and of certain marriages registered under the Parsi Marriage and Divorce Act, 1865 (15 of 1865), 3 and for the establishment of General Registry Offices for keeping registers of those births, deaths, and marriages;

And whereas it is also expedient to provide for the authentication and custody of certain existing registers made otherwise than in the performance of a duty specially enjoined by the law of the country in which the registers were kept, and to declare that copies of the entries in those registers shall be admissible in evidence:

It is hereby enacted as follows:

1. Statement of Objects and Reasons, vide Gazette of India, 1885, Pt. V, p. 12; Report of the Select Committee, vide ibid., 1886. Pt. IV. p. 103; Proceedings in Council vide ibid. 1885 Supplement, pp. 14 and 87. And ibid., 1886. p. 290. By the Amending Act IX of 191 1, it is provided that “all the rules heretofore made under the Act by the Governor-General-in-Council shall, after the commencement of this Act be deemed to have been made by the Local Government.”

2. See now the ‘ Special Marriage Act, 1954 (43 of 1954).

3. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936)..

CHAPTER I

PRELIMINARY

1. Short title and commencement. -

(1) This Act may be called the Births, Deaths and Marriages Registration Act, 1886; and

(2) It shall come into force on such day 1 as the Central Government, by notification in the Official Gazette, directs.

2[* * * * *]

1. The Act came into force from the lst October 1888. See Gazette of India, 1888, Pt. 1,p. 336.

2. Sub-section (3) was repealed by the Repealing and Amending Act (12 of 1891).

1[2. Extent. -This Act2 extends to the whole of India except 3[the territories which, immediately before the Ist November, 1956, were comprised in Part B States.)

1. Subs. by the A.L.O., 1950.

2. Declared in force in the Sonthal Parganas by Sec. 3 of the Sonthal Parganas Settlement Regulation (3 of 1872) as amended by the Sonthal Parganas Justice and Laws Regulation (3 of 1899). Also being partially extended to Berar vide the Berar Laws, Act, 1941 (4 of 1941).

3. Subs. by the A.L. (No. 2) O., 19.56, for “Part. B States”.

3. Definitions. -In this Act, unless there is something repugnant in the subject or context, -

“Sign” includes mark, when the person making the mark is unable to write his name;

“Prescribed” means prescribed by a rule made 1[* * *] under this Act; and

“Registrar of Births and Deaths” means a Registrar of Births and Deaths appointed under this Act.

1. The words “by the Governor-General-in-Council” were deleted by the A.O., 1937.

4. Saving of local laws. -Nothing in this Act, or in any rule made under this Act, shall affect any law heretofore or hereafter passed providing for the registration of births and deaths within particular local areas.

5. Powers exercisable from time to time. -All powers conferred by this Act may be exercised from time to time, as occasion requires.

CHAPTER II

GENERAL REGISTRY OFFICES OF BIRTHS, DEATHS

AND MARRIAGES

6. Establishment of general registry offices and appointment of Registrars-General. –

(1) Each 1[State Government, -

(a) Shall establish a general registry office2 for keeping such certified copies of registers of births and deaths registered under this Act, or marriages registered under Act III of 1872]3 (to provide a form Of marriage in certain cases) or the Indian Christian Marriage Act, 1872 (15 of 1872), or beyond the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Bombay, under the Parsi Marriage and Divorce Act, 1865 (15 of 1865)4 as may be sent to it under this Act, or under any of the three last-mentioned Acts, as amended by this Act; and

(b) May appoint to the charge of that office an officer to be called the Registrar-General 5 of Births, Deaths and Marriages, for the territories under its administration

6[* * * *]

1. Subs. by the A.L.O., 1950.

2. General Registry Officer appointed for different States, vide the different Local Rules and Orders for Delhi, vide Gazette of India. 1912, Pt. V, p. 1105.

3. See Now the Special Marriage Act, 1954 (43 of 1954).

4. See Now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).

5. Registrar-General appointed for different States, vide different Local Rules and Orders.

6. Sub-section (2) repealed by the A.0., 1937.

7. Indexes to be kept at general registry office. -Each Registrar General of Births, Deaths and Marriages shall cause indexes of all the certified copies of registers sent to his office under this Act, or under Act III of 1872,1 the Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi Marriage and Divorce Act, 1865 (15 of 1865),2 as amended by this Act, to be made and kept in his office in the prescribed form.

1. See now the Special Marriage Act, 1954 (43 of 1954).

2. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).

8. Indexes to be open to inspection. -Subject to the payment of the prescribed fees, the indexes so made shall be at all reasonable times open to inspection b any person applying to inspect them, and copies of entries in the certified copies 1 of the registers to which the indexes relate shall be given to all persons applying for them.

1. Officers authorised to certify copies of entries given under See. 8 in different States, vide different Local Rules and Orders.

9. Copies of entries to be admissible in evidence. -A copy of an entry given under the last foregoing section shall be certified by the Registrar-General of Births, Deaths and Marriages, or by an officer authorised in this behalf by the 1[State Government and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates.

1. Subs. by the A.L.O., 1950.

10. Superintendence of Registrars by Registrar-General. –Each Registrar-General of Births, Deaths and Marriages shall exercise a general superintendence over the Registrars of Births and Deaths in the territories for which he is appointed.

CHAPTER III

REGISTRATION OF BIRTHS AND DEATHS

A. APPLICATION OF THIS CHAPTER

11. Persons whose births and deaths are registrable. –

(1) The persons whose births and deaths shall, in the first instance, be registrable under this Chapter are the following, namely:

(a) In 1(the territories to which the Act extends] the members of every race, sect or tribe to which the Indian Succession Act, 1865 (10 of 1865) 2 applies, and in respect of which an order under Sec. 332 of that Act is not for the time being in force, and all persons professing the Christian religion.

3[* * * * *]

(2) But the 4[State Government], by notification in the Official Gazette, may 5[* * *] extend the operation of this Chapter to any other class of persons either generally or in any local area.

1. Subs. by the A.L. (No. 2) O., 1956.

2. See Now the Indian Succession Act, 1925 (39 of 1925). Sec. 3.

3. Clause (b) repealed by the A.L.O. 1950.

4. Subs. by the A.L.O., 1950

5. The words “with the previous approval of the Governor-General-in-Council” were deleted by Act 38 of 1920 See. 2 and Sch. 1.

B. REGISTRATION ESTABLISHMENT

12. Power for 1[State Government to appoint Registrars for its territories. -The 1[State Government] may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be Registrars of Births and Deaths for such local areas within the territories under its administration as it may define and, if it sees fit, for any class of persons within any part of those territories.

1. Subs. by the A.LO., 1950.

13. Power for Central Government to appoint Registrars for Indian States. -[Repealed by the A. O., 1950.]

14. Registrar to be deemed a public servant. -Every Registrar of Births and Deaths shall be deemed to be a public servant within the Indian Penal Code (45 of 1860).

15. Power to remove Registrars. -[Repeated by the A.0, 1937.]

16. Office and attendance of Registrars. –

(1) Every Registrar of Births and Deaths shall have an office in the local area, or within the part of the territories or dominions, for which he is appointed.

(2) Every Registrar of Births and Deaths to whom the 1[State Government] may direct this sub-section to apply shall attend at his office for the purpose of registering births and deaths on such days and at such hours as the Registrar-General of Births, Deaths and Marriages may direct, and shall cause to be placed in some conspicuous place on or near the outer door of his office his name, with the addition of Registrar of Births and Deaths for the local area or class for which he is appointed, and the days and hours of his attendance.

1. Subs. by the A.LO., 1950.

17. Absence of Registrar or vacancy in his office. –

(1) When any Registrar of Births and Deaths to whom the 1[State Government] may direct this section to apply, 2 not being a Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay, is absent or when his office is temporarily vacant, any person whom the Registrar-General of Births, Deaths and Marriages appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, or such other officer as the 1[State Government] appoints in this behalf shall be the Registrar of Births and Deaths during such absence or until the 3[State Government] fills the vacancy.

(2) When any such Registrar of Births and Deaths for a local area in the town of Calcutta, Madras or Bombay is absent, or when his office is temporarily vacant, any person whom the Registrar-General of Births and Marriages appoints in this behalf shall be the Registrar of Births and Deaths during such absence or until the 1[State Government] fills the vacancy.

(3) The Registrar-General of Births, Deaths and Marriages shall report to the 3[State Government] all appointments made by him under this section.

1. Subs. by the A.L.O., 1950.

2. The Government of Madras declared that this section would be applicable to all Registrars appointed by that Government under Sec. 12, vide Madras Rules and Orders.

3. Black’s Law Dictionary, 4th Ed., p. 1449.

18. Register books to be supplied and preservation of records to be provided for. -The 1[State Government] shall supply every Registrar of Births and Deaths with a sufficient number of registers books of births and of register books of deaths, and shall make suitable provision for the preservation of the records connected with the registration of births and deaths.

1. Subs. by the A.L.O. 1950.

C. MODE OF REGISTRATION

19. Duty of Registrar to register births and deaths of which notice is given. -Every Registrar of Births and Deaths, on receipt of notice of a birth or death within the local area or among the class for which he is appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person authorised by this Act to give the notice, forthwith make an entry of the birth or death in the proper register book:

Provided that-

(a) If he has reason to believe the notice to be in any respect false, he may refuse to register the birth or death until he receives an order from the Judge of the District Court directing him to make the entry and prescribing the manner in which the entry is to be made, and

(b) He shall not enter in the register the name of any person as father of an illegitimate child, unless at the request of the mother and of the person acknowledging himself to be the father of the child.

20. Persons authorized to give notice of birth. -Any of the following persons may give notice of a birth, namely:

(a) The father or mother of the child;

(b) Any person present at the birth;

(c) Any person occupying, at the time of the birth, any part of the house wherein the child was born and having knowledge of the child having been born in the house,

(d) Any medical practitioner in attendance after the birth and having personal knowledge of the birth having occurred;

(e) Any person having charge of the child.

21. Persons authorised to give notice of death. -Any of the following persons may give notice of a death, namely:

(a) Any relative of the deceased having knowledge of any of the particulars required to be registered concerning the death;

(b) Any person present, at the death;

(c) Any person occupying, at the time of the death, any part of the house wherein the death occurred and having knowledge of the deceased having died in the house;

(d) Any person in attendance during the last illness of the deceased;

(e) Any person who has seen the body of the deceased after death.

22. Entry of birth or death to be signed by person giving notice. –

(1) When an entry of a birth or death has been made by the Registrar of Births and Deaths under Sec. 19, the person giving notice of the birth or death must sign the entry in the register in the presence of the Registrar:

1[Provided that it shall not be necessary for the person giving notice to attend before the Registrar or to sign the entry in the register if he has given such notice in writing and has furnished to the satisfaction of the Registrar such evidence of his identity as may be required by any rules made by the 2[State Government] in this behalf.]

(2) Until the entry has been so signed 1[or the conditions specified in the proviso to sub-section (1) have been complied with], the birth or death shall not be deemed to be registered under this Act.

(3) When the birth of an illegitimate child is registered, and the mother and the person acknowledging himself to be the father of the child jointly request that that person may be registered as the father, the mother and that person must both sign the entry in the register in the presence of the Registrar.

1. Added by Act 9 of 1911, Sec. 2.

2. Subs. by the A.L.O. 1950.

23. Grant of certificate of registration of birth or death. -The Registrar of Births and Deaths shall, on application made at the time of registering any birth or death by the person giving notice of the birth or death, and on payment by him of the prescribed fee, 1 give to the applicant a certificate in the prescribed form, signed by the Registrar, of having registered the birth or death.

1. Stamps in which such fees are to be paid, vide Gazette of India, 1899, Pt. 1, p. 32, para. 14 (e) of Notification No. 786 S. R.

24. Duty of Registrars as to sending certified copies of entries in register books to Registrar-General. –

(1) Every Registrar of Births and Deaths in 1[the territories to which this Act extends] shall send to the Registrar-General of Births, Deaths and Marriages for the territories within which the local area or class for which he is appointed is situate or resides, at the prescribed intervals, a true copy certified by him, in the prescribed form, of all the entries of births and deaths in the register book kept by him since the last of those intervals:

Provided that in the case of Registrars of Births and Deaths who are clergymen of the Churches of England, Rome and Scotland, the Registrar may, if so directed by his ecclesiastical superior, send the certified copies in the first instance to that superior, who shall send them to the proper Registrar-General of Births, Deaths and Marriages.

2[(2) * * * *]

3[* * * * *]

1. Subs. by the A.L. (No. 2) O., 1956, for “Part A States or Part C States”.

2. Sub-section (2) repealed by the A.L.O., 1950

3. The proviso, inserted by Act 38 of 1920, repealed by the A.O., 1937.

25. Searches and copies of entries in register books. -

(1) Every Registrar of Births and Deaths shall, on payment of the prescribed fees, at all reasonable times, allow searches to be made in the register books kept by him and give a copy of any entry in the same.

(2) Every copy of an entry in register book given under this section shall be certified by the Registrar of Births and Deaths and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates.

26. Exceptional provision for registration of certain births and deaths. -Notwithstanding anything in Sec. 19, the 1[State Government may make rules 2 authorising Registrars of Births and Deaths on conditions and in circumstances to be specified in the rules, to register births and deaths occurring outside the local areas or classes for which they are appointed.

1. Subs. by A.O., 1950

2. Rules made under Sec. 26 conjointly with Secs. 28 and 36, vide Gazette of India, 1888, Pt. 1, p. 336, and different local Rules and Orders. All rules made by Governor-General in Council under this Act before 1911 shall be deemed to be made by the State Government vide, Sec. 6 of Act 9 of 1911.

D. PENALTY FOR FALSE INFORMATION

27. Penalty for wilfully giving false information. -If any person wilfully makes, or causes to be made for the purpose of being inserted in any register of births or deaths, any false statement in connection with any notice of a birth or death under this Act, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

E. CORRECTION OF ERRORS

28. Correction of entry in register of births or deaths. –

(1) If it is proved to the satisfaction of a Registrar of Births and Deaths that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, he may, subject to such rules 1 as may be made by the 2[State Government] with respect to the conditions and circumstances on and in which errors may be corrected, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction.

(2) If a certified copy of the entry has already been sent to the Registrar-General of Births, Deaths and Marriages, the Registrar of Births and Deaths shall make and send separate certified copy of the original erroneous entry and of the marginal correction therein made.

1. The proviso, inserted by Act 38 of 1920, repealed by the A. O., 1937.

2. Subs. by A.0., 1950.

CHAPTER IV

AMENDMENT OF MARRIAGE ACT

[REPEALED BY THE REPEALING ACT, 1938 (I OF 1938), SEC. 2 AND SCHEDULE.]

CHAPTER V

SPECIAL PROVISIONS AS TO CERTAIN EXISTING REGISTERS

32. Permission to persons having custody of certain records to send them within one year to Registrar-General. -If any person in 1[the territories to which this Act extends], has for the time being the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons of the classes referred to in Sec. 11, sub-section (1), or of any register or record of marriage of any persons of the classes to which Act III of 1872 or the Indian Christian Marriage Act, 1872 (15 of 1872), or the Parsi Marriage and Divorce Act, 1865 (15 of 1865) 2 applies, and if such register or record has been made otherwise than in performance of a duty specially enjoined by the law of the country in which the register or record was kept, he may, 3[at any time before the first day of April, 1891], send the register or record to the office of the Registrar-General of Births, Deaths and Marriages for the territories within which he resides 4[* * *].

1. Subs. by the A.L. (No. 2) 0. 1956, for “a Part A State or a Part C State”.

2. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).

3. Subs. by Births, Deaths and Marriages Registration (Amendment) Act, 1890 (16 of 1890), Sec. I for “within one year from the date on which this Act comes into force”.

4. Certain words deleted by the A.L.O., 1950.

33. Appointment of Commissioner to examine registers. –

1[(1) Any State Government in the case of registers or records sent under Sec. 32 to the Registrar-General for the territories under its administration, 2[* * *] may appoint so persons as it 3[* * *] thinks many fit to be Commissioners for examining such registers or records.]

(2) The Commissioners so appointed shall hold office for such period as the 4(authority appointing them], by the order of appointment, or any subsequent order, directs.

1. Subs. by Act 38 of 1920, Sec. 2 and Schedule for the original subsection (1).

2. Subs. by Births, Deaths and Marriages Registration (Amendment) Act, 1890 (16 of 1890), Sec. I for “within one year from the date on which this Act comes into force”.

3. The words “or he, as the case may be,” were deleted by Order in Council, 1937.

4. Subs. for “Governor-General-in-Council” by Act 38 of’ 1920, Sec. 2 and Sch. 1.

34. Duties of Commissioner. –

(1) The Commissioners appointed under the last foregoing section shall enquire into the State, custody and authenticity of every such register or record as may be sent to the Registrar-General of Births, Deaths and Marriages under Sec. 32;

And shall deliver to the Registrar-General a descriptive list or descriptive lists of all such registers or records, or portions of registers or records, as they find to be accurate and faithful.

(2) The list or lists shall contain the prescribed particulars and refer to the registers or records, or to the portions of the registers or records, in the prescribed manner.

(3) The Commissioner shall also certify in writing, upon some part of every separate book or volume containing any such register or record, or portion of a register or record, as is referred to in any list or lists made by the Commissioners, that it is one of the registers or records, or portions of registers or records, referred to in the said list or lists.

35. Searches of lists prepared by Commissioners and grant of certified copies of entries. -

(1) Subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or portions of registers or records, delivered by the Commissioners to the Registrar-General of Births, Deaths and Marriages shall be, at all reasonable times, open to inspection by any person applying to inspect it or them, and copies of entries in those registers or records shall be given to all persons applying for them.

(2) A copy of an entry given under this section shall be certified by the Registrar-General of Births, Deaths and Marriages, or by an officer or person authorised in this behalf 1 by the 2[State Government) and shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death, burial or marriage to which the entry relates.

1. Officers appointed under sub-section (2) of Sec. 35, vide different Local Rules and Orders.

2. Subs. by the A.L.O., 1950,

1[35-A. Constitution of additional Commissions for purposes of this Chapter. -

(1) 2[* * *] the 3[State Government 4[may by notification in the Official Gazette] appoint more Commissions 5 than one for the purposes of Sec. 33, each such Commission consisting of so many and such members, and having its functions restricted to the disposal, under this Act and the rules thereunder, of such registers and records sent under Sec. 32 to the Registrar-General, as may be specified in the notification.

(2) If more Commissions than one are appointed in exercise of the power conferred by sub-section (1), then references in this Act to the Commissioners shall be construed as references to the members constituting a Commission so appointed.]

1. Ins. by the Births, Deaths and Marriages Registration (Amendment) Act, 1890 (16 of 1890). The present sub-section (1) was substituted for the original sub-section by the Devolution Act, 1920 (38 of 1920), and sub-section (2), which is the same original subsection (2), was added by the Repealing and Amending Act, 1934 (24 of 1934), Sec.2,

2. The words “The Central Government or” were repealed by the A.L.O., 1955.

3. Subs. by the A.L.O., 1950,

4. Subs. by Order in Council, 1937, for “if he or it thinks fit. may by notification in the Gazette o India or the local official Gazette as the case may be”.

5. Commissioners appointed under this section, vide Gazette of India. 1890, Pt. 1, p. 744.

CHAPTER VI

RULES

1[36. Rules.

2[(1) The 3[State Government], for each 3[State] 4[* * *] may make rules to carry out the purposes of this Act.]

(2) In particular and without prejudice to the generality of the foregoing power, such rules may-

(a) Fix the fees payable under this Act; 5

(b) Prescribe the forms required for the purposes of this Act;

(c) Prescribe the time within which, and the mode in which, persons authorised under this Act to give notice of a birth or death to a Registrar of Births and Deaths must give the notice;

(d) Prescribe the evidence of identity to be furnished to a Registrar of Births and Deaths by persons giving notice of a birth or death in cases where personal attendance before such Registrar is dispensed with;

(e) Prescribe the registers to be kept and the form and manner in which Registrars of Births and Deaths are to register births and deaths under this Act and the intervals at which they are to send to the Registrar-General of Births, Deaths and Marriages true copies of the entries of births and deaths in the registers kept by them 6;

(f) Prescribe the conditions and circumstances on and in which Registrars of Births and Deaths may correct entries of births and deaths in registers kept by them,

(g) Prescribe the particulars which the descriptive list or lists to be prepared by the Commissioners appointed under Chapter V are to contain, and the manner in which they are to refer to the registers or records, or portions of registers or records, to which they relate; and

(h) Prescribe the custody in which those registers or records are to be kept.7

(3) Every power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication.

(4) All rules made under this Act shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Act.]

1. Subs. by Act 9 of 1911, See. 4 for the original section.

2. Subs. by the A, O., 1937, for the original sub-section.

3. Subs. by the A.L.O., 1950.

4. The words “and the Central Govt., for British subjects in Indian States” deleted by the A. O., 1950.

5. Fees prescribed for attendance at private residences in Madras, vide Madras Rules and Orders. Rules framed by the Government of India under this clause as to fees, see Gazette of India 1894, Pt. I, p. 580.

6. For rules for the guidance of the Commissioners appointed under Chapter V, vide Gazette of India, 1890, Pt. I, p. 745.

7. Rules for the guidance of the Commissioners appointed under Chapter V, framed with regard to the powers conferred by these clauses, vide Gazette of India. 1890, 1892, Pt. Pp. 745, 623, and I respectively.

37. Procedure for making and publication of rules. -[Repealed by the Births, Deaths and Marriages Registration Amendment Act, 1911 (9 of 1911).]